THE CODE
FOR
THE CITY OF NEW
GENERAL ORDINANCES
PUBLISHED BY ORDER OF THE CITY COUNCIL
CITY OF NEW
{Ordinance CI (101) Effective April 18,
1995}
and
Ordinances adopted since April 18, 1995.
This edition is current as of April 20,
2011
TABLE OF CONTENTS
Chapter 1 - GENERAL PROVISIONS
Section 1-1. How code designated and cited.
Section 1-2. Rules of construction.
Section 1-3. Catch lines of Sections, etc.
Section 1-4. Effect of repeal.
Section 1-5. Severability of parts of code.
Section 1-6. Violations as municipal civil infractions;
penalties.
Section 1-7. Violations as misdemeanors; penalties.
Section 1-8. Recovery of costs for prosecution.
ARTICLE
I. ORDINANCE VIOLATIONS BUREAU
Section 2-2. Municipal civil infraction; commencement.
Section 2-3. Municipal civil infraction citations;
issuance and service.
Section 2-4. Municipal civil infraction citations;
contents.
Section 2-5. Municipal Ordinance Violations Bureau.
ARTICLE
II. ORDINANCE ENFORCEMENT OFFICER
Section 2-6. Office established.
Section 2-7. Appointment of Ordinance Enforcement Officer.
Section 2-8. Duties of Ordinance Enforcement Officer.
Section 2-9. Appearance tickets, etc.
Section 2-10. Authority of Ordinance Enforcement Officer.
ARTICLE
III. PLANNING COMMISSION.
Section 2-13. Officers; meetings; rules; records; quorum.
Section 2-14. Employees, etc.; expenditures.
Section 2-15. Adoption of master plan.
Section 2-16. Powers and duties generally.
ARTICLE
IV. CIVIL SERVICE SYSTEM.
Section 2-17. Civil Service Board - Created.
Section 2-18. Same - Composition; appointment of members.
Section 2-19. Same - Qualifications of members.
Section 2-20. Same - Terms of members.
Section 2-21. Same - Compensation of members.
Section 2-22. Same - Chairperson; rules.
Section 2-23. Same - Meetings generally.
Section 2-25. Eligibility for civil service status -
Generally.
Section 2-26. Same - Probationary period.
ARTICLE
V. LOCAL OFFICERS COMPENSATION
COMMISSION.
Section 2-31. Open Meetings Act; compliance.
Section 2-32. Freedom of Information Act; compliance.
Section 2-33. Implementation by resolution; change of
procedure; time and method.
Section 2-34. Purpose [Ord. 109, 6/2/1997]
Section 2-35. Definitions [Ord. 109, 6/2/1997]
Section 2-36. Prior Approval Requirement For Land Divisions
[Ord. 109, 6/2/1997]
Section 2-37. Application For Land Division Approval [Ord.
109, 6/2/1997]
Section 2-38. Procedure for Review of Applications for Land
Division Approval [Ord. 109, 6/2/1997]
Section 2-39. Standards for Approval of Land Divisions
[Ord. 109, 6/2/1997]
Section 2-40. Allowance for Approval of Other Land
Divisions [Ord. 109, 6/2/1997]
Section 2-42. Penalties and Enforcement [Ord. 109,
6/2/1997]
Section 2-43. Severability [Ord. 109, 6/2/1997]
Section 2-44. Repeal [Ord. 109, 6/2/1997]
Section 2-45. Purchase and Sale of Property-Dollar Value
Limitations. [Ord. 151, 5/24/2005]
Section 2-46. Title.
[Ord. 169, 9/8/2009]
Section 2-47. Definitions.
[Ord. 169, 9/8/2009]
Section 2-48. Intent and Purpose. [Ord. 169, 9/8/2009]
Section 2-49. Fair and Equal Treatment. [Ord. 169, 9/8/2009]
Section 2-50. Use of Public Property. [Ord. 169, 9/8/2009]
Section 2-52. Prohibited Conduct. [Ord. 169, 9/8/2009]
Section 2-53. Public Disclosure, Contents. [Ord. 169, 9/8/2009]
Section 2-54. Duties of the Clerk. [Ord. 169, 9/8/2009]
Section 2-55. Advisory Opinions. [Ord. 169, 9/8/2009]
Section 2-56. Delivery of Copies of Ethics Code to Public
Servants. [Ord. 169, 9/8/2009]
Section 2-57. Violations.
[Ord. 169, 9/8/2009]
Section 2-58. Validity.
[Ord. 169, 9/8/2009]
Chapter 3 - ALCOHOLIC BEVERAGES
Section 3-1. Purchase, possession, or transportation by
minors.
Section 3-2. Giving or furnishing to minors.
Section 3-3. Minors under seventeen (17) in places where
liquor, etc., is sold, etc.
Section 3-4. Fraudulent identification.
Section 3-5. Violations and penalties.
Section 4-1. Permitting animals or fowl to run at large.
Section 4-2. Cruelty to animals - Generally.
Section 4-3. Same - Abandoning, etc., domestic animals.
Chapter 5 - BUILDING AND CONSTRUCTION
Section 5-1.0 Building code agency designated.
Section 5-1.1 Adoption of State Code. [Ord. 162, 11/14/2006]
Section 5-1.2 Penalties. [Ord. 162, 11/14/2006]
Section 5-2. Electrical code agency designated.
Section 5-3. Mechanical code agency designated.
Section 5-4. Plumbing code agency designated. [Ord. 174, 2/19/2008]
ARTICLE
II. PROPERTY MAINTENANCE CODE.
Section 5-5. Adoption of Property Maintenance Code. [Ord. 179, 9/22/2008]
ARTICLE
III. SOIL EROSION AND SEDIMENTATION
CONTROL.
Section 5-6. Agency designation. [Ord. 137, 7/30/2002]
Section 5-8. When plan required.
Section 5-11. Bond provisions.
ARTICLE
IV. STANDARDS FOR THE DESIGN AND
CONSTRUCTION OF PUBLIC WORKS PROJECTS.
Section 5-13. Standards Adopted. [Ord. 133, 9/18/2001]
ARTICLE
V. MISCELLANEOUS PROVISIONS.
Section 5-14. Hours of Construction. [Ord. 150, 3/23/2005]
ARTICLE
VI. FLOODPLAIN MANAGEMENT PROVISIONS
Section 5-15. Agency Designated. [Ord. 158, 4/19/2006]
Section 5-16. Code Appendix Enforced. [Ord. 158, 4/19/2006]
Section 5-17. Designation of Regulated Flood Prone Hazard
Areas. [Ord.
158, 4/19/2006]
Chapter 6 - FIRE PREVENTION CODE
ARTICLE
I. FIRE PREVENTION CODE.
Section 6-1. Purposes of code.
Section 6-2. Code designated. [Ord. 166, 5/22/2007]
Section 6-3. Unlawful to violate provisions of code, etc.
Section 6-4. Enforcing officer designated, etc.
Section 6-5. Duties of the Fire Chief and inspectors.
Section 6-6. Procedures generally.
Section 6-7. Fire investigation.
Section 6-8. Inspection for permits.
Section 6-9. Periodic inspection of premises.
Section 6-10. Removal and abatement of violations and
unsafe practices; notice to owner or occupant.
Section 6-11. Fire reports and records.
Section 6-13. Amendments to fire prevention code.
Section 6-14. Applicability of code to public and private
property.
Section 6-15. Exercise of police powers.
Section 6-16. Penalties for violation.
Section 6-17. Board of appeals established.
Section 6-18. Appendixes adopted.
Section 6-19. Permit fee schedule.
Section 6-20. Conflicting or inconsistent ordinances.
ARTICLE
II. FIRE LANE DESIGNATION AND
REGULATIONS.
Section 6-21. Blocking of fire lanes prohibited.
Section 6-22. Definition of fire lanes. [Ord. 136, 7/16/2002]
Section 6-23. Designation of fire lanes.
Section 6-24. Definition of tow-away zone.
Section 6-25. Designation of tow-away zones.
ARTICLE
III. FIRE SERVICE CHARGES
Section 6-26. Fire Service Charges. [Ord. 157, 4/19/2006]
Section 6-27. Time for payment. [Ord. 157, 4/19/2006]
Section 6-28. Exemptions.
[Ord. 157, 4/19/2006]
Section 6-29. Collection of Charges. [Ord. 157, 4/19/2006]
Section 6-30. Non-exclusive Charge. [Ord. 157, 4/19/2006]
Section 7-1. Commission created.
Section 7-2. Composition; appointment; terms of members;
filling vacancies.
Section 7-3. Compensation of members.
Section 7-5. Meetings; rules of procedure.
Section 7-6. Removal of members.
Section 7-7. Powers and duties - Policies, rules, and
regulations concerning harbor.
Section 7-9. Harbor - Definition.
Section 7-10. Rules and regulations.
Section 7-11. Wharves, docks, and bulkhead walls.
Section 7-12. No-wake speed; swimming; anchoring vessels.
Section 7-13. Fueling of vessels at transient marina
prohibited.
ARTICLE
III. EMERGENCY HARBOR DREDGING FUND.
Section 7-14. Fund created.
[Ord. 181, 3/17/2009]
Section 7-15. Purpose.
[Ord. 181, 3/17/2009]
Section 7-16. Sources of revenue. [Ord. 181, 3/17/2009]
Section 7-17. Fee schedule.
[Ord. 181, 3/17/2009]
Section 7-18. Annual contributions. [Ord. 181, 3/17/2009]
Section 7-19. Fund dedicated. [Ord. 181, 3/17/2009]
Section 7-20. Use of funds collected. [Ord. 181, 3/17/2009]
Section 7-21. Suspension of collection. [Ord. 181, 3/17/2009]
Section 7-22. Discontinuing fund. [Ord. 181, 3/17/2009]
ARTICLE
IV. COMMERCIAL BOAT LAUNCHING FACILITY
RULES
Section 7-23. In General.
[Ord. 130, 4/17/2001]
Section 7-25. Commercial
Rates. [Ord. 130, 4/17/2001]
Section 7-26. Weight
restrictions. [Ord. 145, 5/18/2004]
Section 7-27. Hours and Manners of Launch. [Ord. 167, 3/28/2007]
Section 7-28. Release of Liability. [Ord. 130, 4/17/2001]
Section 7-29. Penalties.
[Ord. 130, 4/17/2001]
Section 7-30. Exceptions.
[Ord. 130, 4/17/2001]
Section 7-31. Severability.
[Ord. 130, 4/17/2001]
ARTICLE
V. LAUNCHING OF WATERCRAFT AT PUBLIC
BOAT LAUNCH FACILITY.
Section 7-32. Launching Rules and Regulations. [Ord. 168, 3/28/2007]
Chapter 8 - HAWKING AND PEDDLING
Section 8-1. Council Approval Required. [Ord. 194, 4/20/2011]
Section 8-2. Application.
[Ord. 194, 4/20/2011]
Section 8-3. Registration Process. [Ord. 194, 4/20/2011]
Section 8-4. Restrictions. [Ord. 194, 4/20/2011]
Section 8-5. Persons Peddling, Meats, Fish, Etc.;
Prohibited. [Ord. 194, 4/20/2011]
Section 8-6. Exemptions.
[Ord. 194, 4/20/2011]
Chapter 9 - LICENSES GENERALLY
Section 9-2. Same – Businesses Defined. [Ord. 104, 9/17/1996]
Section 9-3. Same - Application. [Ord. 104, 9/17/1996]
Section 9-4. Same - Fee.
[Ord. 104, 9/17/1996]
Section 9-4. Same - Violations. [Ord. 104, 9/17/1996]
ARTICLE
II. TAXICAB LICENSES AND REGULATIONS
Section 9-5. Definitions.
[Ord. 172, 11/13/2007]
Section 9-6. License.
[Ord. 172, 11/13/2007]
Section 9-7. Application for license. [Ord. 172, 11/13/2007]
Section 9-8. Processing applications. [Ord. 172, 11/13/2007]
Section 9-9. Granting licenses. [Ord. 172, 11/13/2007]
Section 9-10. Number of licenses. [Ord. 172, 11/13/2007]
Section 9-11. Doors, entering and exiting. [Ord. 172, 11/13/2007]
Section 9-12. Issuance of license. [Ord. 172, 11/13/2007]
Section 9-13. Property right. [Ord. 172, 11/13/2007]
Section 9-14. License fee.
[Ord. 172, 11/13/2007]
Section 9-15. Licenses non-transferable. [Ord. 172, 11/13/2007]
Section 9-16. Transfer of license to another vehicle. [Ord. 172, 11/13/2007]
Section 9-17. Change of ownership. [Ord. 172, 11/13/2007]
Section 9-18. Suspension or revocation of licenses. [Ord. 172, 11/13/2007]
Section 9-19. Insurance policy required. [Ord. 172, 11/13/2007]
Section 9-20. Provisions of policy. [Ord. 172, 11/13/2007]
Section 9-21. Limits of policy. [Ord. 172, 11/13/2007]
Section 9-22. Bankruptcy or insolvency. [Ord. 172, 11/13/2007]
Section 9-23. Notice of cancellation. [Ord. 172, 11/13/2007]
Section 9-24. Effect of cancellation or termination of
policy. [Ord. 172, 11/13/2007]
Section 9-25. Necessity for compliance. [Ord. 172, 11/13/2007]
Section 9-26. Driver's permit. [Ord. 172, 11/13/2007]
Section 9-27. Application for driver's permit. [Ord. 172, 11/13/2007]
Section 9-28. Reserved.
[Ord. 172, 11/13/2007]
Section 9-29. Granting of driver's permit. [Ord. 172, 11/13/2007]
Section 9-30. Reserved.
[Ord. 172, 11/13/2007]
Section 9-31. Issuance of driver's permit. [Ord. 172, 11/13/2007]
Section 9-32. Renewal of driver's permit. [Ord. 172, 11/13/2007]
Section 9-33. Driver's permit fees. [Ord. 172, 11/13/2007]
Section 9-34. Transfer of driver's permit prohibited. [Ord. 172, 11/13/2007]
Section 9-35. Revocation of driver's permit. [Ord. 172, 11/13/2007]
Section 9-36. Delegation of duty. [Ord. 172, 11/13/2007]
Section 9-37. Reserved.
[Ord. 172, 11/13/2007]
Section 9-38. Taxicab clearly marked. [Ord. 172, 11/13/2007]
Section 9-39. Rate card and display thereof. [Ord. 172, 11/13/2007]
Section 9-40. Maintenance of equipment. [Ord. 172, 11/13/2007]
Section 9-41. Compliance with laws and ordinances. [Ord. 172, 11/13/2007]
Section 9-42. Report of accidents. [Ord. 172, 11/13/2007]
Section 9-43. Dress.
[Ord. 172, 11/13/2007]
Section 9-44. Lost articles. [Ord. 172, 11/13/2007]
Section 9-45. Cruising regulated. [Ord. 172, 11/13/2007]
Section 9-46. Solicitation of other common carrier
passenger prohibited. [Ord. 172,
11/13/2007]
Section 9-47. Passengers.
[Ord. 172, 11/13/2007]
Section 9-48. Drivers drinking on duty prohibited. [Ord. 172, 11/13/2007]
Section 9-49. Immorality.
[Ord. 172, 11/13/2007]
Section 9-50. Taxicab stands. [Ord. 172, 11/13/2007]
ARTICLE
III. GARAGE SALE LICENSES
Section 9-51. Definitions.
[Ord. 126, 1/11/2000]
Section 9-52. Permits and Fees. [Ord. 126, 1/11/2000]
Section 9-53. Licensing.
[Ord. 126, 1/11/2000]
Section 9-54. Information to be filed. [Ord. 126, 1/11/2000]
Section 9-55. Exceptions.
[Ord. 126, 1/11/2000]
Section 9-56. Time of Sales. [Ord. 126, 1/11/2000]
Section 9-57. Advertising.
[Ord. 126, 1/11/2000]
Section 9-58. Definition.
[Ord. 170, 6/12/2007]
Section 9-59. Licensing and Bond. [Ord. 170,
6/12/2007]
Section 9-60. Reporting Procedures. [Ord. 170,
6/12/2007]
Section 9-61. Penalty.
[Ord. 170, 6/12/2007]
Chapter 10 - MOTOR VEHICLES AND TRAFFIC
Section 10-1. Uniform Traffic Code Adopted [Ord. 127,
5/17/2000]
Section 10-5. Authority to require weighing of vehicle.
ARTICLE
III. PARKING VIOLATIONS BUREAU
Section 10-8. Powers, duties, and membership.
Section 10-9. Resolution of violations.
Section 10-10. Delinquent violations.
Section 10-11. Fines and penalties.
Section 10-12. Receipt and accounting of fines and
penalties.
ARTICLE
IV. PARKING AND STORING OF MOTOR
VEHICLES
Section 10-13. Parking and storing of vehicles on
rights-of-way.
Section 10-15. Additional remedies.
ARTICLE
V. MOBILE HOMES, TRAILERS AND
RECREATIONAL VEHICLES.
Section 10-16. Definitions.
[Ord. 131, 6/12/2001]
Section 10-17. Public parking. [Ord. 131, 6/12/2001]
Section 10-18. Parking outside of licensed park. [Ord. 131, 6/12/2001]
Section 10-19. Permit for temporary occupancy. [Ord. 131, 6/12/2001]
Section 10-20. Enforcement.
[Ord. 131, 6/12/2001]
Section 11-2. Public nuisance prohibited.
Section 11-3. Certain public nuisances enumerated.
Section 11-4. Procedure for abatement - Service of certain
notices.
Section 11-5. Same - Dangerous and uninhabitable
structures.
Section 11-6. Same - Other nuisances generally.
Section 11-7. Additional Remedies.
Chapter 12 - OFFENSES -- MISCELLANEOUS
Section 12-1. Barbed wire fences, etc.
Section 12-2. Curfew – Person (s) under seventeen (17)
years age. [Ord. 129, 11/21/2000]
Section 12-3. Disorderly persons generally.
Section 12-4. Driving, etc., along shores of Lake Michigan.
Section 12-5. Fireworks and explosives - Exploding without
permit.
Section 12-6. Liquor - Consuming or offering prohibited in
certain places.
Section 12-7. Nude swimming or bathing.
Section 12-9. Weapons - Discharging firearm or air rifle.
Section 12-10. Riding bicycle or skateboard on
sidewalk. [Ord. 128, 11/21/2000]
Section 12-11. Marijuana Prohibited. [Ord. 134, 1/22/2002]
Section 12-12. Drug Paraphernalia [Ord. 140, 11/27/2002]
Section 12-13. Structures and Gates. [Ord. 115, 3/31/1998]
Section 12-14. Loitering.
[Ord. 153, 11/15/2005]
Section 12-15. Parental Responsibility. [Ord. 154, 11/15/2005]
Chapter 13 - PARADES AND MARCHES
Section 13-1. Permit - Required.
Section 13-2. Same - Application.
Section 13-3. Same - Issuance; fee.
Section 13-4. Same - Contents.
Section 13-5. Same - Effective period.
Chapter 14 - PARKS AND RECREATION
Section 14-2. Beach use regulated.
Section 14-3. Picnics, etc., restricted to designated
areas.
Section 14-4. Possession of glass, bottles, cans, etc.,
prohibited on beach.
Section 14-5. Animals on City beach and park. [Ord. 180,
9/22/2008]
Section 14-6. Reserved.
[Ord. 168, 3/28/2007]
Section 14-7. Alcoholic beverages prohibited. [Ord. 155, 2/1/2006]
Section 14-8. Swimming near and diving off breakwater
prohibited.
Section 14-9 to Section
14-20. Reserved.
ARTICLE
II. PARK AND RECREATION BOARD
Section 14-21. Created.
[Ord. 160, 8/29/2006]
Section 14-24. Organization; officers; quorum. [Ord. 160, 8/29/2006]
Section 14-25. Meetings; rules of procedure. [Ord. 160, 8/29/2006]
Section 14-26. Removal of members. [Ord. 160, 8/29/2006]
Section 14-28. Same - Gifts, appropriations, bequests,
etc. [Ord. 160, 8/29/2006]
Section 14-29. Same - Budget. [Ord. 160, 8/29/2006]
Chapter 15 - SOLID WASTE DISPOSAL AND RECYCLING
Section 15-1. Depositing, etc., slops, filthy substances,
refuse, etc., on sidewalk, street, etc.
Section 15-3. Contract for collection generally.
Section 15-4. Same - Bond required.
Section 15-5. Power of City Manager to make regulations.
Section 15-6. Fees and charges generally.
Section 15-7. Separation of garbage and rubbish.
Section 15-9. Placing raw refuse, etc., in prohibited
places.
Section 15-10. Appeals to City Council.
ARTICLE
III. WEEDS AND OTHER NOXIOUS VEGETATION
Section 15-11. Duty of property owners to cut and
destroy. [Ord. 147, 10/20/2004]
Section 15-13. Responsibility of property owner for City
expense. [Ord. 182, 12/16/2008]
ARTICLE
IV. UNLAWFUL REMOVAL OF MATERIALS SET
OUT FOR RECYCLING COLLECTION.
Section 15-17. Designation of items.
Section 15-18. Ownership of recyclable materials.
Section 15-19. Unauthorized collection.
Chapter 16 - SEWERS AND SEWAGE DISPOSAL
Section 16-2. Operation of system as public utility.
Section 16-3. Fiscal or operating year of system.
Section 16-4. Management, supervision, and control of
system generally.
Section 16-5. Rates and charges generally. [Ord. 176, , 4/15/2008]
Section 16-6. Mandatory sewer connections. [Ord. 176, , 4/15/2008]
Section 16-7. Disposition of revenues; budget for system.
Section 16-8. Books and records; audits.
ARTICLE
II. RULES AND REGULATIONS.
Section 16-9. Use of public sewers required.
Section 16-10. Private sewage disposal.
Section 16-11. Building sewers and connections.
Section 16-12. Use of public sewers and rates and liens.
Section 16-13. Protection from damage.
Section 16-14. Powers and authority of inspectors.
Section 16-15. Penalties and enforcement.
Chapter 17 - SPECIAL ASSESSMENT IMPROVEMENTS
ARTICLE
II. ADVISORY PETITIONS.
Section 17-2. Generally; effect.
Section 17-4. Filing; verification; referral to City
Manager; Council presentation.
ARTICLE
III. IMPROVEMENT PROCEDURE GENERALLY.
Section 17-5. Initiatory resolution.
Section 17-6. Preparation of plans and specifications, etc.
Section 17-7. Report and recommendations of City Manager.
Section 17-8. Public Hearing - Notice.
Section 17-9. Same - Conduct, etc.; objections and changes.
Section 17-10. Resolution of determination.
Section 17-11. Special assessment roll - Preparation, etc.
Section 17-12. Same - Certificate of Assessor; filing and
presentation to Council.
Section 17-13. Same - Filing for examination by public;
notice of hearing for review.
Section 17-14. Same - Written objections generally.
Section 17-15. Same - Hearing for review generally;
consideration of objections.
Section 17-16. Same - Corrections and changes.
Section 17-17. Same - Confirmation generally; referral for
revision or annulment.
Section 17-18. Same - Certificate of confirmation; effect of
confirmation.
Section 17-19. Four-fifths (4/5) vote of Council required
upon majority objection to improvement.
Section 17-20. Special contractual procedure.
ARTICLE
IV. SIDEWALK PROCEDURE.
Section 17-21. Duty of abutting owners relative to sidewalk
construction and maintenance general.
Section 17-22. Initiatory resolution for construction, etc.
Section 17-23. Preparation of plans and specifications, etc.
Section 17-24. Report and recommendations of City Manager.
Section 17-25. Resolution of determination; notice of work
to be done.
Section 17-26. Alternate procedure for initiation by City.
Section 17-27. Work done by City - Resolution ordering work,
etc.
Section 17-28. Same - Duties of City Manager generally.
Section 17-29. Same - Resolution as to assessment of costs,
etc.
Section 17-30. Same - Special assessment roll - Preparation,
etc.
Section 17-31. Same - Same - Certificate of Assessor; filing
and presentation to Council.
Section 17-32. Same - Same - Filing for public examination;
notice of hearing for review.
Section 17-33. Same - Same - Hearing for review generally;
consideration of objections.
Section 17-34. Same - Same - Corrections and changes.
Section 17-35. Same - Confirmation.
Section 17-36. Alternate proceeding under general
improvement procedure.
ARTICLE
V. SINGLE LOT PROCEDURE
Section 17-37. Report of City Manager.
Section 17-38. Resolution of determination.
Section 17-39. Special assessment roll - Preparation, etc.
Section 17-40. Same - Certificate of Assessor; filing and
presentation to Council.
Section 17-41. Same - Filing for public examination; notice
of hearing for review.
Section 17-42. Same - Hearing for review generally;
consideration of objections.
Section 17-43. Same - Corrections and changes.
Section 17-44. Same - Confirmation.
Section 17-45. Created and established.
Section 17-46. Character and effect.
Section 17-47. Destruction or impairment.
Section 17-48. Effect of failure of owner to receive notice.
Section 17-49. Personal liability of owner.
ARTICLE
VII. INSTALLMENTS AND COLLECTION OF
LIEN.
Section 17-50. Maximum number and minimum amount of
installments.
Section 17-52. First installment spread.
Section 17-53. Annual installment spread.
Section 17-54. Notice to pay - Publication.
Section 17-55. Same - Notice by mail.
Section 17-56. Collection of fees and penalties.
Section 17-57. Contested assessments.
ARTICLE VIII. REBATES, REASSESSMENTS, AND ADDITIONAL
ASSESSMENTS.
Section 17-58. Certification, etc., of actual cost of
improvement.
Section 17-59. Additional assessments.
Section 17-60. Excess assessments and refunds generally.
Section 17-61. Refund procedure on installments.
Section 17-62. Refunds restricted.
Section 17-63. Illegal or invalid assessments.
Section 17-64. Proceedings on reassessment.
ARTICLE
IX. MISCELLANEOUS PROVISIONS AND
RESTRICTIONS.
Section 17-65. Assessment limited to value of benefits.
Section 17-66. Money to be held in special fund.
Section 17-67. Use of funds restricted.
Section 17-68. Reduction for prepayment.
Chapter 18 - STREETS AND SIDEWALKS
Section 18-1. Encroachments and obstructions generally.
Section 18-2. Building materials on sidewalks, etc.
Section 18-3. Obstruction of gutters, ditches, etc.
Section 18-4. Removal of snow, ice, etc., from sidewalks.
Section 18-5. Certain signs and awnings prohibited.
Section 18-6. Trees and shrubs. [Ord. 185, 7/7/2009]
Section 18-7 Sidewalks Required for New Construction in
Commercial Zones. [Ord. 148, 3/16/2005]
Section 18-8. Additional
penalties.
ARTICLE
II. OPENINGS AND EXCAVATIONS.
Section 18-9. Permit required.
Section 18-10. Closing requirements.
ARTICLE
III. NUMBERING BUILDINGS
Section 18-12. Duty of owners, etc.; plan.
Section 18-13. Changing numbers.
Section 18-14. Size and location.
Section 18-15. Plat of streets, etc., showing numbers.
Section 18-16. Penalty for failure to number buildings.
Section 18-17. Vacations of rights-of-way.
ARTICLE
V. PERMITS FOR TELECOMMUNICATIONS
COMPANIES TO USE PUBLIC RIGHTS-OF-WAY
Section 18-18. Purpose.
[Ord. 139, 10/16/2002]
Section 18-19. Conflict.
[Ord. 139, 10/16/2002]
Section 18-20. Terms Defined. [Ord. 139, 10/16/2002]
Section 18-21. Permit Required. [Ord. 139, 10/16/2002]
Section 18-22. Issuance of Permit. [Ord. 139, 10/16/2002]
Section 18-23. Construction/ Engineering Permit. [Ord. 139, 10/16/2002]
Section 18-24. Conduit or Utility Poles. [Ord. 139, 10/16/2002]
Section 18-25. Route Maps.
[Ord. 139, 10/16/2002]
Section 18-26. Repair of Damage. [Ord. 139, 10/16/2002]
Section 18-27. Establishment and Payment of Maintenance
Fee. [Ord. 139, 10/16/2002]
Section 18-28. Modification of Existing Fees. [Ord. 139, 10/16/2002]
Section 18-29. Savings Clause. [Ord. 139, 10/16/2002]
Section 18-30. Use of Funds.
[Ord. 139, 10/16/2002]
Section 18-31. Annual Report. [Ord. 139, 10/16/2002]
Section 18-32. Cable Television Operators. [Ord. 139, 10/16/2002]
Section 18-33. Existing Rights. [Ord. 139, 10/16/2002]
Section 18-34. Compliance.
[Ord. 139, 10/16/2002]
Section 18-35. Reservation of Police Powers. [Ord. 139, 10/16/2002]
Section 18-36. Severability.
[Ord. 139, 10/16/2002]
Section 18-37. Authorized City Officials. [Ord. 139, 10/16/2002]
Section 18-38. Municipal Civil Infraction. [Ord. 139, 10/16/2002]
ARTICLE
VI. VACATION OF STREETS
Section 18-39. Initiation of Proceedings. [Ord. 163, 11/14/2006]
Section 18-40. Petition.
[Ord. 163, 11/14/2006]
Section 18-41. Fee.
[Ord. 163, 11/14/2006]
Section 18-42. Planning Commission-Hearing and Notice. [Ord. 163, 11/14/2006]
Section 18-43. Appraisals and Appraisal Fees. [Ord. 163, 11/14/2006]
Section 18-44. City Planning Commission Report. [Ord. 163, 11/14/2006]
Section 18-45. City Council Hearing Notice. [Ord. 163, 11/14/2006]
Section 18-46. City Council Public Hearing Procedures. [Ord. 163, 11/14/2006]
Section 18-47. Objections/Vote Required. [Ord. 163, 11/14/2006]
Section 18-48. Criteria for Granting Street Vacation. [Ord. 163, 11/14/2006]
Section 18-49. Right to Reserve Easements. [Ord. 163, 11/14/2006]
Section 18-50. Voluntary Agreement between City and
Applicant. [Ord. 163, 11/14/2006]
Section 18-51. Final Decision. [Ord. 163, 11/14/2006]
Section 18-52. Title.
[Ord. 163, 11/14/2006]
Section 18-53. Vacation Petition File Content and
Availability. [Ord. 163, 11/14/2006]
Section 19-1. Contamination and pollution generally.
ARTICLE
II. MUNICIPAL WATER SERVICE.
Section 19-3. Applications for service.
Section 19-4. Municipal water service fee billing. [Ord. 176, 4/15/2008]
Section 19-5. Disposition of revenues derived; "water
system fund account.".
Section 19-6. Records and accounts; annual audit.
Section 19-7. Applicability of rates, etc.
Section 19-8. Tap-in and connection charges.
Section 19-9. Ready-to-serve charge.
Section 19-10. Metered rates generally.
Section 19-11. Water furnished to City - Generally.
Section 19-12. Same - Fire hydrant charges.
Section 19-13. Bills and billing generally; penalty for late
payment. [Ord. 176, 4/15/2008]
Section 19-14. Billing duty for municipal water
service. [Ord. 176, 4/15/2008]
Section 19-16. Service outside City.
Section 19-17. Revision of rates and charges.
Section 19-18. Tampering with water system prohibited.
Section 19-19. Emergency Reduction of Water Use. [Ord. 143, 4/16/2003]
ARTICLE
III. CROSS CONNECTIONS.
Section 19-20. Cross connection rules adopted by reference.
Section 19-21. Cross connection inspections.
Section 19-22. Right of entry for inspections.
Section 19-23. Discontinuance of water for violation.
Section 19-24. Labeling unsafe water.
Section 19-25. Supplementary to codes.
Chapter 20 - UTILITY FRANCHISES
Section 20-2. Grant of franchise permit.
Section 20-3. Revocation of franchise permit.
Section 20-4. Limitation of franchise.
Section 20-5. Change of ownership.
Section 20-6. Construction and installation of system.
Section 20-7. Conditions on public way occupancy.
Section 20-8. Safety requirements.
Section 20-9. Erection, removal, and common use of poles.
Section 20-10. Rights reserved to the City.
Section 20-11. Maps, plats, and reports.
Section 20-12. Carriage of signals.
Section 20-13. Signal quality requirements.
Section 20-14. Operation and maintenance of system.
Section 20-16. Capacity and commencement of system.
Section 20-17. Liability insurance and indemnification.
Section 20-19. Financial records and reports.
Section 20-20. Publication and preparation costs.
Section 20-21. Annual franchise fee. [Ord. 121, 2/16/1999]
Section 20-22. Granting of franchise.
Section 20-23. Use of rights-of-way.
Section 20-24. Time period; revocation of franchise; rights
of City.
Section 20-25. Hold harmless agreement.
Section 20-26. Restoration of rights-of-way.
Section 20-27. Binding effect.
Section 20-28. Grant of franchise.
Section 20-30. Rules, regulations, and rates.
Section 20-31. Regulation of streets, alleys, and public
places.
Section 20-32. Right to acquire.
Section 20-33. Assignment of franchise.
Section 20-34. Franchise not exclusive.
APPENDIXES
Appendix A: Zoning Ordinance
Appendix A map: Zoning
Map
Appendix A supplement: Ordinance 186 (SOB)
Appendix No. 1: Standards for the Design and Construction of Public Works Projects
The ordinances embraced in
this Chapter and the following Chapters and Sections shall constitute and be
designated "The Code of the City of New Buffalo, Michigan" and may be
so cited. The Code may also be cited as
"New Buffalo City Code," or the "Code of Ordinances."
In the construction of this
Code, and other ordinances of the City, the following rules shall be observed,
unless such interpretation and construction would be inconsistent with the
manifest intent of the City Council:
Charter. The Charter of
the City of New
City. The City of
New
City Council. The word
"Council" or the words "City Council" mean the legislative
body of the City of
Computation of Time. The time
within which an act is to be done, as provided in this Code or in any order
issued pursuant to this Code, when expressed in days, shall be computed as
prescribed by state statute.
County. The word
"County" means the
Gender. Words
importing masculine gender shall apply to females and to firms, associations,
partnerships, and corporations.
Joint Authority. All words
purporting to give joint authority to three (3) or more public officers or
other persons shall be construed as giving such authority to a majority of such
officers or other persons unless it is otherwise expressly declared in the
Code, Section, ordinance, or resolution granting the authority.
Month. The word
"month" shall be construed to mean a calendar month.
Number. Words in
either the singular or the plural numbers shall include either or both numbers
and may apply in any instance to a particular person or persons.
Oath; Affirmation; Sworn;
Affirmed. The word "oath" shall be construed
to include the word "affirmation" in all cases where by law an
affirmation may be substituted for an oath; and in like cases, the word
"sworn" shall be construed to include the word "affirmed."
Officers. The several
officers' titles mean such officers of the City.
Owner. The word
"owner" applied to a building or land, shall include any part owner,
land contract vendee, joint owner, tenant in common, tenant in partnership,
joint tenant, or tenant by the entirety, of the whole or of a part of such
building or land.
Person. The word
"person" includes firms, joint adventures, partnerships,
corporations, clubs, and all associations or organizations of natural persons,
either incorporated or unincorporated, howsoever operating or named, and
whether acting by themselves or by a servant, agent, or fiduciary, and includes
all legal representatives, heirs, successors, and assigns thereof.
Preceding; Following. The words
"preceding" and "following" mean next before and next
after, respectively.
Property. The word
"property" shall include real and personal property.
Public Place. The words
"public place" means any street, alley, park, cemetery, public
building, any place of business or assembly, parking lot, parking area, or any
other premises open to the public or frequented by the public.
Seal. In all cases
in which the seal of any court or public office shall be required to be affixed
to any paper issuing from such court or office, the word "seal" shall
be construed to mean the impression of such seal on such paper alone, as well
as the impression of such seal affixed thereto by means of a wafer or wax.
Shall; May. The word
"shall" means imperative or mandatory; the word "may" means
permissive.
Signature; Subscription. The words
"signature" and "subscription" include a mark when the
person cannot write.
State. The word
"state" means the State of
Sundays; Legal Holidays. Whenever any
act required to be done pursuant to the provisions of this Code or any
ordinance falls on a Sunday or legal holiday, that act shall be performed on
the next succeeding business day.
Tense. Words used in
the present or past tense shall be construed as including the future as well as
the present or past.
Time. Whenever time
is referred to, it means Eastern Standard Time or Eastern Daylight Savings Time
of the time officially in force in the city.
Week. The word
"week" shall be construed to mean seven (7) days.
Written; In Writing.
The words "written" or "in writing" may include any
form or reproduction or expression of language.
Year. The word
"year" shall be construed to mean a calendar year; and the word
"year" alone shall be equivalent to the words "year of our
Lord."
The key words used as catch
lines for Chapters, Articles, Divisions, Sections and subsections are inserted
for convenience and to facilitate the use of the same. Such words shall not be construed to limit or
effect the meaning of any of the provisions of this Code.
The repeal of any provision of
this Code or any ordinance, or part thereof, shall not release or relinquish
any penalty, forfeiture, or liability incurred under such provision of this
Code, ordinance, or any part thereof, unless the repealing ordinance shall so
expressly provide, and such provision of this Code, ordinance, or any part
thereof shall be treated as still remaining in force for the purpose of
instituting or sustaining any proper action or prosecution for the enforcement
of such penalty, forfeiture, or liability.
Whenever any provision of this
Code or any ordinance, or any part thereof, is repealed by a subsequent
ordinance, such provision of this Code, ordinance, or any part thereof so
repealed shall not be revived by the repeal of such subsequent repealing
ordinance.
If any part of this Code or
the application thereof to any person or circumstance shall be found to be
invalid by any court, such invalidity shall not effect the remaining parts or
applications of this Code which can be given effect without the invalid part or
application; provided, that such remaining parts are not determined by the
court to be inoperable, and to this end this Code is declared to be severable.
Whenever in this Code or in
any other ordinance of the City, any act is prohibited or is made or declared
to be unlawful, an offense, or a municipal civil infraction, or the doing of
any act is required or the failure to do any act is declared to be unlawful, an
offense, or a municipal civil infraction, the violation of any provision of
this Code or any other ordinance of the City shall be punished by a fine not
exceeding fifty dollars ($50.00) for a first offense. A second offense, where no specific penalty
is provided therefore, of same shall be punishable by a fine not exceeding
one-hundred fifty dollars ($150.00), and a third or subsequent offense, where
no specific penalty is provided therefore, shall be punishable by a fine not
exceeding five-hundred dollars ($500.00).
Should any fine for a
municipal civil infraction not be paid within the required time period, or
should any municipal civil infraction not be resolved by the Ordinance Violations
Bureau, as established in Section 2-5 of this Code, or a court of competent
jurisdiction within the required time period, such violation shall become a
misdemeanor and subject to the provisions of Section 1-7 of this Code.
Except where otherwise provided,
all violations of any provision within this Code or any other ordinance of the
City shall be deemed a municipal civil infraction, and everyday any violation
of this Code or any other ordinance of the City shall continue shall constitute
a separate offense. A copy of the
schedule of fines, as may be established from time to time by resolution of the
City Council, shall be posted at the Ordinance Violations Bureau as established
in Section 2-5 of this Code.
Whenever in this Code or in
any other ordinance of the City, any act is prohibited or is made or declared
to be unlawful, an offense, or a misdemeanor, and is specifically deemed a
misdemeanor by a provision within this Code or any other ordinance of the City,
or the doing of any act is required or the failure to do any act is declared to
be unlawful, an offense, or a misdemeanor, and is specifically deemed a
misdemeanor by a provision within this Code or any other ordinance of the City,
where no specific penalty is provided thereof, the violation of any provision
of this Code or any other ordinance of the City shall be punished by a fine not
less than one-hundred dollars ($100.00) and not exceeding five hundred dollars
($500.00), or imprisonment for a term not exceeding ninety (90) days, or by
both such fine and imprisonment, in the discretion of a court of competent
jurisdiction. Except where otherwise
provided, every day any violation of this Code or any other ordinance of the
City shall continue shall constitute a separate offense.
In addition to all other
penalties, the City may bring an action for costs of enforcement and
prosecution expense upon the person or entity that has violated this Code or
any other ordinance of the City. Such
action shall be a civil action in a court of competent jurisdiction. The action shall be entitled in the name of
the City and shall be against the person or entity that has allegedly violated
the Code or any other ordinance of the City.
Should the City receive a
judgment and should the judgment not be satisfied within sixty (60) days of
service upon the defendant, the City may, upon thirty (30) days written notice,
submit a copy of said judgment to both the City Treasurer and
As used in this Chapter:
A. "Act"
means Act 236 of the Public Acts of 1961, as amended.
B. "
C. "Bureau"
means the City of
D. "Municipal
civil infraction action" means a civil action in which the defendant is
alleged to be responsible for a municipal civil infraction.
E. "Municipal
civil infraction citation" means a written complaint or notice, prepared
by an authorized City official, directing a person to appear in court regarding
the occurrence or existence of a municipal civil infraction violation by the
person cited.
F. "Municipal
civil infraction violation notice" means a written notice, prepared by an
authorized City official, directing a person to appear at the Ordinance
Violations Bureau and to pay the fine and costs, if any, prescribed for the
violation by the schedule of civil fines adopted by the City, as authorized
under Sections 8396 and 8707(6) of the Act.
A municipal civil infraction
action may be commenced upon the issuance by an authorized City official of:
A. A
municipal civil infraction citation directing the alleged violator to appear in
court; or
B. A
municipal civil infraction violation notice directing the alleged violator to
appear at the Ordinance Violations Bureau.
Municipal civil infraction
citations shall be issued and served by authorized City official as follows:
A. The
time for appearance specified in a citation shall be within a reasonable time
after the citation is issued.
B. The
place for appearance specified in a citation shall be a district court of
competent jurisdiction.
C. Each
citation shall be numbered consecutively and shall be in a form approved by the
State Court Administrator. The original
citation shall be filed with the district court of competent jurisdiction. Copies of the citation shall be retained by
the City and issued to the alleged violator as provided by Section 8705 of the
Act.
D. A
citation for a municipal civil infraction signed by an authorized City official
shall be treated as made under oath if the violation alleged in the citation
occurred in the presence of the official signing the complaint and if the
citation contains the following statement immediately above the date and
signature of the official: "I declare under the penalties of perjury that
the statements above are true to the best of my information, knowledge, and
belief."
E. An
authorized City official who witnesses a person commit a municipal civil
infraction shall prepare and subscribe, as soon as possible and as completely
as possible, an original and required copies of a citation.
F. An authorized City official may issue a citation to a
person if
1. Based
upon investigation, the official has reasonable cause to believe that the
person is responsible for a municipal civil infraction; or
2. Based
upon investigation of a complaint by someone who allegedly witnessed the person
commit a municipal civil infraction, the official has reasonable cause to
believe that the person is responsible for an infraction, and if the
prosecuting attorney, the City Attorney, or the Deputy City Attorney approves
in writing the issuance of a citation.
G. Municipal civil infraction citations shall be served by
an authorized City official as follows:
l. Except
as provided by Section 2-3 (G) (2), an authorized City official shall
personally serve a copy of the citation upon the alleged violator.
2. If
the municipal civil infraction action involves the use or occupancy of land, a
building, or other structure, a copy of the citation does not need to be
personally served upon the alleged violator, but may be served upon an owner or
occupant of the land, building, or structure by posting the copy on the land or
attaching the copy to the building or structure. In addition, a copy of the citation shall be
sent by first class mail to the owner of the land, building, or structure at
the owner's last known address.
A. A
municipal ordinance citation shall contain the name and address of the alleged
violator, the municipal civil infraction
alleged, the place where the alleged violator shall appear in court, the
telephone number of the court, and the time at or by which the appearance shall
be made.
B. Further, the citation shall inform the alleged violator
that he or she may do one of the following:
1. Admit
responsibility for the municipal civil infraction by mail, in person, or by
representation, at or by the time specified for appearance.
2. Admit
responsibility for the municipal civil infraction "with explanation"
by mail by the time specified for appearance, or in person, or by
representation.
3. Deny
responsibility for the municipal civil infraction by doing either of the
following:
a. Appearing
in person for an informal hearing before a judge or district court magistrate,
without the opportunity of being represented by an attorney, unless a formal
hearing before a judge is requested by the City.
b. Appearing
in court for a formal hearing before a judge, with the opportunity of being
represented by an attorney.
C. The
citation shall also inform the alleged violator of all of the following:
1. That if the alleged violator desires to admit responsibility "with explanation" in person or by representation, the allege